Mikhail Miakhedka appeals to UN Human Rights Committee seeking justice
Mikhail Miakhedka picketing in front of the Supreme Court
Having exhausted all remedies available at the national level, Minsk resident Mikhail Mehedko filed an individual communication with the Human Rights Committee of the United Nations.
October 13, 2014, Mikhail Miakhedka staged a one-man picket in front of the Supreme Court of the Republic of Belarus, holding the portrait of the President of Belarus. Thus he protested against the unjustified denial of legal aid by the Supreme Court and other government agencies.
After being detained by police he was charged under Part 1 of Article 23.34 of the Code of Administrative Offenses (participation in an unauthorized mass event). LeninskiDistrict Court of Minsk punished Mikhail Miakhedka with a fine of 2,250,000 rubles. Minsk City Court reversed the verdict and changed the penalty to a formal warning.
Afterwards, Miakhedka's complaint about the illegality of the verdict was considered by Chairman of Minsk City Court and was dismissed. February 13, 2015, the appeal was also dismissed by decision of the Deputy Chairman of the Supreme Court. Having depleted all domestic remedies, Mr. Miakhedka decided to appeal to the United Nations Human Rights Committee.
He believes that the Republic of Belarus, which is a state party to the International Covenant on Civil and Political Rights and the Optional Protocol thereto, violated articles 19 and 21 of the Covenant.
Mikhail Miakhedka asks the HRC to recognize him a victim of violations by the Republic of Belarus of his rights provided for under Article 19, 21 of the Covenant and point the state to the need to review the case on administrative offense and pay him a compensation covering his legal costs.
The author of the communication to the HRC also draws attention to the need to harmonize the national legislation on freedom of peaceful assembly in accordance with the International Covenant on Civil and Political Rights and to the inadmissibility of repetition of similar violations in the future.
The individual communication of Mikhail Miakhedka was prepared with the assistance of lawyers of the Human Rights Centre “Viasna”.
The confrontation between the Minsk resident Mikhail Miakhedka, who is trying to get the justice, and officials of the Supreme Court, has lasted for almost six years. During this time the man who wishes to restore his constitutional right to appeal to the President of Belarus was twice sent to the National Center for Mental Health in Navinki. He was also detained without compiling reports of administrative offenses and received penalties.
The story of Mr. Miakhedka shows how the presidential administration creates barriers on the way of ordinary citizens to law and justice, whereas the head of the Constitutional Court recommends them apply to him as one of the subjects authorized to delegate to the Constitutional Court to check the law enforcement practice of courts.
